CITYSEPTEMBER 15, 2010 center forLAND new york city law VOLUME 7, NUMBER 8

Highlights

CITY COUNCIL 15 Penn Plaza tower OK’d . . . .117

CITY PLANNING COMMISSION Large rezoning in NE Queens . . .120 Borough Park housing project . .120 BK supportive housing heard . . .121 Rosedale rezoning approved . . .122 Car-share parking text OK’d . . . . 123

BOARD OF STANDARDS & APPEALS East Village legalization . . . . .123

LANDMARKS The City Council approved Vornado Realty Trust’s proposed 15 Penn Plaza commercial tower across SI buildings designated . . . . .124 the street from Penn Station in Manhattan. Image: Courtesy Pelli Clarke Pelli Architects . Park Slope HD calendared . . . .125 SI farmhouse considered . . . . .126 CITY COUNCIL 67-story, single-tenant building or a Sandy Ground bldgs . heard . . .126 68-story, multi-tenant building in or- der to provide development flexibil- Rezoning/Special Permits ADMINISTRATIVE DECISIONS ity. Vornado agreed to provide a host Midtown South, Manhattan of transit improvements in exchange Bushwick NOV defeated . . . . .127 Vornado’s 1,200-foot Penn for a development bonus neces- Plaza tower approved sary to build either proposal. The COURT DECISIONS proposed improvements include Willets Point challenge denied . .128 Opponents raised concerns about im- reopening and renovating the Gim- Rezoning challenge dismissed . .128 pact on Empire State Building, while bels/West 33rd Street Passageway, the Council focused on Vornado’s par- and relocating subway entrances at CITYLAND PROFILE ticipation in Minority- and Women- West 32nd and West 33rd Streets. owned Business Enterprise program . During the project’s public re- Mark Silberman ...... 129 On August 25, 2010, the City Coun- view, Manhattan Community Board cil approved Vornado Realty Trust’s 5 opposed the project, arguing that CHARTS proposal to construct a commercial the proposed transit improvements DCP Pipeline ...... 119 tower rising approximately 1,200 feet did not justify the tower’s size. Mal- ULURP Pipeline ...... 123 on Seventh Avenue between West kin Holdings LLC, owner of the Em- BSA Pipeline ...... 124 32nd and 33rd Streets in Manhat- pire State Building, argued that the Landmarks Actions ...... 126 tan. The site is occupied by the Hotel tower would negatively impact the Landmarks Pipeline ...... 126 Pennsylvania, which Vornado plans iconic skyscraper, and asked that Citylaw org. New Decisions . 130–. 31 to demolish in order to build the the proposal’s height be reduced. project, known as 15 Penn Plaza. The City Planning Commission Vornado proposed developing a approved the (cont’d on page 118)

September 15, 2010 Volume 7 CITYLAND 117 COM M E NTARY David Dinkins and the U.S.T.A. Tennis Center The crowds going to the U.S. Open in Flushing Meadows Park must pass through the David Dinkins Circle to enter the National Tennis Center; many of them may not appreciate the significance of the naming. Mayor Dinkins, famous for his enthusiasm for tennis, completed the negotiations for the tennis center in 1993 as his four year term ended. He thereafter suffered biting criticism from his successor, Mayor Rudolph Giuliani, over the fi- nancial arrangements for the construction and use of the City-owned stadium, and over the F.A.A.’s agreement to divert noisy aircraft from nearby LaGuardia during the U.S. Open to avoid disrupting the players’ concentration. The City was deep in an economic recession at the time, and Giuliani made the tennis center a political issue. The contracts were signed, however, and Giuliani made his lingering disdain known by notoriously not attending the U.S. Open. Thirteen years after the 1997 opening of the National Tennis Center and the Arthur Ashe Stadium, it is hard to remember just why Mayor Giuliani so vociferously opposed the project. The U.S. Open is a singular New York City event lasting two full weeks. It fills hotels and restaurants, gets people to ride the subway and the Long Island Railroad, and projects the most positive images of New York City around the world. Attendees to the U.S. Open enter a modern international fairground with pavilions of clothes, sports equipments, cars and food. In a reversal of pro football where the tailgate party is only a prelude to the game, attending the U.S. Open is all tailgate party, with tennis viewing available. Mayor Giuliani’s plan to move Yankee Stadium to Manhattan went nowhere, as did Mayor Michael Bloom- berg’s plan for a Jets Stadium at the same location. Bloomberg succeeded in having new stadiums built for the Yankees and Mets by building at existing locations, just as Mayor Dinkins did with the expanded tennis center. The tennis center site had been the Singer Bowl during the 1964–65 World’s Fair. It was reconstructed in 1978 and again in 1997. The 2010 tennis center is bigger today, but the site is the same. The City does not often give physical honors to its living ex-mayors, but the naming of Dinkins Circle is entirely appropriate. Ross Sandler CITYLAND Ross Sandler Bradley McCormick ’09 Jesse Denno Professor of Law and Director, Eugene Travers ’10 Staff Writer, Production Asst . The Center expresses appreciation to the Center for New York City Law Marissa Fierz ’10 Maryellen Philips Frank Berlen ’07 Fellows Administrative Coordinator individuals and foundations supporting the Associate Director Lebasi Lashley Frank St. Jacques ­’11 Center and its work: The Steven and Sheila Aresty Managing Editor Art Director Student Writer Foundation, Fund for the City of New York, Peter Schikler ’08 Petting Zoo Design CityLand Editor The Durst Foundation, The Charina Endowment Fund, The Murray Goodgold Foundation, CITYLAND ADVISORY BOARD Jerry Gottesman, The Marc Haas Foundation and Kent Barwick Howard Goldman Carol E. Rosenthal The Prospect Hill Foundation. Andrew Berman David Karnovsky Michael T. Sillerman Molly Brennan Ross Moskowitz ’84 Paul D. Selver (ISSN 1551-711X) is published 11 times Albert K. Butzel Frank Munger CITYLAND a year by the Center for New York City Law at New York Law School, 185 West Broadway, New York CENTER FOR NEW YORK CITY LAW ADVISORY COUNCIL City, New York 10013, tel. (212) 431-2115, fax (212) Stanley S. Shuman, Eric Hatzimemos ’92 Norman Redlich 941-4735, e-mail: [email protected], website: Chair Michael D. Hess Joseph B. Rose www.citylaw.org © Center for New York City Law, Arthur N. Abbey ’59 Lawrence S. Huntington ’64 Ernst H. Rosenberger ’58 2010. All rights reserved. Printed on recycled paper. Sheila Aresty ’94 Maps presented in CITYLAND are from Map- William F. Kuntz II Rose Luttan Rubin Harold Baer, Jr. PLUTO copyrighted by the New York City Depart- Eric Lane Frederick P. Schaffer David R. Baker Randy M. Mastro ment of City Planning. City Landmarks and Hist- Michael A. Cardozo Frederick A.O. Schwarz, Jr. oric Districts printed with permission of New York Richard Matasar Anthony Coles O. Peter Sherwood City Landmarks Preservation Commission. Edward N. Costikyan Robert J. McGuire Edward Wallace Paul A. Crotty Francis McArdle Richard M. Weinberg POSTMASTER: Send address changes to Richard J. Davis John D. McMahon ’76 Peter L. Zimroth CITYLAND, 185 West Broadway, New York, New Michael B. Gerrard Thomas L. McMahon ’83 James D. Zirin York­ 10013-2921. Periodicals postage paid at New York, New York. Judah Gribetz Gary P. Naftalis Kathleen Grimm ’80 Steven M. Polan

118 Volume 7 CITYLAND September 15, 2010 proposal, noting the importance of adding new modern office space in CITY PLANNING PIPELINE Manhattan’s central business dis- trict and the need for the transit im- New Applications Filed with DCP — August 1 - 31, 2010 provements. 7 CityLand 105 (Aug. APPLICANT PROJECT/ADDRESS DESCRIPTION ULURP NO. REPRESENTATIVE 15, 2010). ZONING TEXT AND MAP AMENDMENTS

At the Council’s Zoning & Extell Development W. 61st Street, MN Apply incl. housing prog.; amend. 100294AZRM Kramer Levin & Franchises Subcommittee hearing, special permit (modify floor area) 100296AZSM Bryan Cave groups speaking in support said the Thor Shore Dev. 1752 Shore Parkway, BK Rezone M3-1 to M-1; auth. for mod. 110047ZMK; Wachtel Masyr of waterfront pub. acc. & vis. corr.; 110052ZAK; project would bring new business spec. perm. (large scale estabs); 110048ZSK; to the City and create short-term special perm. (waterfront bulk mod.); 110049ZSK; and permanent jobs. In contrast, special permit (sign regs. mod.); 110050ZSK; special permit (public prk. garage); 110051ZSK; Anthony Malkin, president of Mal- chair cert. for waterfront pub. acc. 110053ZCK kin Holdings, said the tower was R.A. Real Estate 3502 Surf Avenue, BK Rezone R6A to R7-3 & R7-3/C2-4; 110058ZMK; Greenberg Traurig simply too big and too close to the certification for public access; 110063ZCK; cert. for waterfront public access; 110064ZCK; City’s largest landmark. Malkin did special perm. (waterfront bulk mod.); 110059ZSK; not oppose the project outright, but special perm. (waterfront bulk mod.); 110060ZSK; spec. perm. (bulk mods. for 2 mixed 110061ZSK; said that it would be more appro- use bldgs); spec. perm. (use mods) 110062ZSK priate at a height of 800 to 825 feet. SPECIAL PERMITS/OTHER ACTIONS

Preservation groups, including the Whistlepig Assoc. 59 Thompson Street, MN Spec. perm. (use grp. 6 in M1-5B) 110043ZSM Weston Architects National Trust for Historic Preserva- LPC 36 E. 38th Street, MN Landmark (Burrill House) 110036HKM tion and the New York Landmarks LPC 488 Madison Avenue, MN Landmark (Look Building) 110035HKM Conservancy agreed, and requested Hal Dorfman 5247 Arlington Avenue, BX Replace attic with full 2nd story 110055ZCX that the Council reduce the project’s Silvercrest Center 144-45 87th Avenue, QN Special perm. (expand nursing home); 110041ZSQ; Akerman Senterfitt height and massing. special perm. (new sr. housing bldg.) 110042ZSQ Addressing issues other than LPC 74 Franklin Avenue, SI Landmark (Christ Church) 110045HKR the tower’s effect on the skyline, LPC 321 Manor Road, SI Landmark (Troop 51 Armory) 110046HKR Council Member Albert Vann asked 65 Androvette St. 55 Androvette Street, SI Auth. for tree removal & mod. topo.; 110038RAR; Rampulla Assocs. whether Vornado planned to par- cert. for school seats for 81 units 110039RCR ticipate in the City’s Minority- and Woodrow Plaza 1243 Woodrow Road, SI Auth. for tree removal & mod. topo. 110040RAR Eric Palatnik PC Women-owned Business Enterprise Patricia Day 20 Veith Place, SI Cert. for home enlargement 110044RCR Avid Designs program (MWBE). Vornado’s Kate Bart Savino 267 London Court, SI Mod. to auth. to cancel restr. dec.; 840971AZAR; Alfred V. Saulo cert. no spec. perm. for enlargment 110034ZCR Ascher indicated that the company Timmy Markoglu 163 Coventry Road, SI Auth. to mod. topo. for 1-fam. home 110054ZAR Peter Calvanico had not yet taken steps toward par- ticipating in the program. Ascher, proved the project, with Council “tepid response,” but said the con- however, said she would submit Members Albert Vann and Larry versation was not ending with the information on the percentage of B. Seabrook abstaining. Vann said vote. Council Member Charles Bar- women- and minority-owned con- that based on the responses at the ron voted no on the plan. Barron tractors involved in past projects. hearing, it appeared that Vornado said Vornado’s goal of awarding After the hearing, Vornado had not previously considered the fifteen percent of the contracts to submitted a letter to the Council de- MWBE participation issue. minorities was “bogus” and “non- scribing its commitment to ensuring The Land Use Committee also sense,” and urged his colleagues to that minority- and women-owned approved the proposal, but council deny the project. Vann again ab- businesses participated in the proj- members expressed their dissatis- stained, stating that he “had no idea ect. Vornado agreed to award to faction with how the MWBE issue what [Vornado’s MWBE agreement] MWBEs a minimum of fifteen per- had been handled during the pub- does.” Council Member Jumaane D. cent of the total value of construc- lic review process. Council Member Williams also abstained. tion trade contracts. Diana Reyna said while Vornado The Full Council approved the When the Subcommittee re- agreed to certain provisions, it was plan by a vote of 47-1-4. convened, Chair Mark Weprin rec- unclear how these private commit- Review Process: ommended approval of the project. ments would be honored. Reyna, as Lead Agency: CPC, FEIS Weprin acknowledged the opposi- well as other council members, said Comm. Bd.: Den’d, 36-1-1 tion’s concerns, but said the City a broader discussion on the MWBE Boro. Pres.: App’d CPC: App’d, 10-0-1 needed to continue modernizing issue was overdue. Council Mem- Council: App’d, 47-1-4 its office structure and attract new ber James Sanders Jr. characterized businesses. The Subcommittee ap- Vornado’s MWBE agreement as a Council: 15 Penn Plaza (Aug. 25, 2010).

September 15, 2010 Volume 7 CITYLAND 119 Park from R3-2 to R2A. that any proposal would require ap- CITY PLANNING COMMISSION Queens Borough President proval from the complex’s residents, Helen Marshall supported the pro- and said redevelopment plans Rezoning posal, but requested that Planning would include adequate parking. Auburndale/Oakland Gardens, Queens rezone the nine blocks adjacent to The Commission has until Oc- Large rezoning in northeast Alley Pond Park to R3X rather than tober 5 to review the proposal. R2A. Marshall cited the concerns ex- Queens considered CPC: Hearing on Auburndale-Oak- pressed by residents that the more Contextual plan would impact 418 land Gardens-Hollis Hills Rezoning restrictive R2A zoning, which only (Aug. 11, 2010). blocks in Auburndale, Oakland Gar- permits single-family detached dens, and Hollis Hills . On August 11, homes, would not match the area’s 2010, the City Planning Commission built character and would also di- CITY PLANNING COMMISSION heard testimony on the Department minish property values by limiting of City Planning’s contextual rezon- future development. Rezoning/UDAAP ing proposal for 418 blocks in three At the Commission’s hearing, Borough Park, Brooklyn communities in northeast Queens. residents and community groups The plan comprises the Auburndale were divided. Auburndale residents Culver El rezoning/housing subarea which is generally bounded and Council Member Daniel J. Hal- project approved by Station Road to the north, the loran, whose district includes Au- Proposal would rezone manufactur- Long Island Expressway to the south, burndale, supported the plan, but ing district and facilitate affordable Francis Lewis Boulevard to the east, asked the Commission to rezone a housing on Culver El site . On August and Kissena Park to the west; and portion of Station Road not includ- 25, the City Planning Commission the Oakland Gardens-Hollis Hills ed in the proposal and zoned for approved the Department of City subarea which is generally bounded manufacturing. Halloran said the Planning and the Department of by the Long Island Expressway, the area, known as the “T,” was occu- Housing Preservation and Develop- Grand Central Parkway, Alley Pond pied by auto repair businesses and ment’s Culver El Proposal. The pro- Park, and the Clearview Express- “sits in the middle” of lower-density posal would rezone a seven-block way. The proposal began its public residential blocks. He acknowl- portion of Borough Park, Brooklyn, review in May 2010. 7 CityLand 74 edged that Planning would likely generally bounded by 36th Street to (June 15, 2010). need to undertake this action sepa- the north, 39th Street to the south, The rezoning area is charac- rately, but urged the Commission to Old Utrecht Road to the east, and terized by suburban-style one- and rezone the area for residential uses 12th Avenue to the west. The plan two-family detached and semi-de- in the future. would facilitate the development of a tached housing, but also includes Residents in Oakland Gardens 68-unit housing project on two nar- larger multi-family apartments were divided on whether the pro- row, City-owned parcels formerly along the wider boulevards. The posed R2A district was appropriate occupied by the elevated BMT Cul- current zoning has remained un- for the area adjacent to Alley Pond ver Shuttle line. The parcels are lo- changed since 1961 and permits a Park. Joseph Rosenberg opposed cated on the south side of 37th Street variety of building types that has the designation, testifying that it between 12th and 14th Avenues. resulted in out-of-context develop- would be difficult to sell a home that The rezoning area was histori- ment in many of the areas charac- could not be enlarged to accom- cally used for manufacturing, but terized by single-family homes. modate two families. Lois Marbach, is now predominantly character- Planning would apply six con- president of the Oakland Gardens/ ized by residential uses consisting textual zoning districts, including Terrace Community Council, sup- of two-story attached and detached R2A, R3X, R4B, and R5D, in order ported the plan, testifying that the homes. The plan would establish a to preserve the lower-density char- R2A designation was necessary to new Special Mixed Use District and acter of blocks developed with de- end continued overdevelopment. replace the area’s M1-1 and M1-2 tached and semi-detached homes. Residents of the Windsor Park manufacturing districts with M1-2/ It would, however, allow a moder- Apartments also were divided on R6A and M1-2/R6B districts to re- ate increase in development along the appropriateness of rezoning flect the neighborhood’s current de- the area’s major thoroughfares. The the site from R4 to R5D. Opponents velopment. Planning would extend proposal includes rezoning approx- were concerned that if the site were an existing R5 district south to in- imately two blocks in Oakland Gar- rezoned the apartment complex’s clude a portion of the block running dens occupied by the Windsor Park expansion would eliminate park- from 36th and 37th Streets, between Apartments from R4 to R5D and ing and open space. Larry Kinitsky, 12th and 13th Avenues. The pro- nine blocks adjacent to Alley Pond president of the co-op board, noted posal would also rezone the block

120 Volume 7 CITYLAND September 15, 2010 At the City Planning Commission heard Commission’s testimony on the Department of July 28 hear- Housing Preservation and Develop- ing, attorney ment’s proposal to allow Providence Adam Roth- House to develop a six-story, 26-unit krug, repre- supportive housing project at 329 senting the Lincoln Road in the Prospect Lef- d e v e l o p e r , ferts Gardens section of Brooklyn. testified that Providence House, established by SBCO’s pri- the Sisters of Saint Joseph, provides mary function supportive and transitional housing was to provide for homeless and formerly institu- a f f o r d a b l e tionalized women. HPD recently housing and demolished a four-story building on Southern Brooklyn Community Organization’s proposed housing complex in Borough Park, Brooklyn. Image: Courtesy Bricolage Designs . that the New the site that had remained vacant Foundations for thirty years. bounded by 36th and 37th Streets, program was the most effective Providence House would pro- and Old Utrecht Road and 13th Ave- way to develop the proposed proj- vide twenty apartments to single nue from M1-2 to C4-2A. This block ect. HPD’s Jack Hammer explained women transitioning from shelters is occupied by the Bergament Outlet that while the Inclusionary Housing and hospitals. Five units would be department store. Program’s homeownership model marketed to low-income single HPD selected the Southern requires developers to offer longer women earning less than 60 per- Brooklyn Community Organization term affordable units, it only applies cent of the area’s median income, to build seventeen four-story, four- to twenty percent of the units. Ham- and one unit would be occupied unit buildings and three parking mer pointed out that 100 percent of by the building’s superintendent. lots with a total of 48 spaces on the the units would be affordable under To facilitate the project, HPD re- Culver El right-of-ways. The project the New Foundations program. quested permission to dispose of would provide 110,776 sq.ft. of resi- The Commission unanimously the City-owned property and ap- dential space, 14,887 sq.ft. of open approved the proposal, noting that plied for a special permit allowing space, seventeen parking spaces for it would provide a framework for an increase in the building’s maxi- residents, and 31 spaces for exist- future development that recognized mum floor area. ing community facilities in the area. the area’s diverse mix of uses. The Brooklyn Community Board 9 The affordable housing would be Commission also noted that the opposed the project, and Borough created under HPD’s New Founda- proposal would create opportuni- President Marty Markowitz condi- tions homeownership program, and ties for growth, and lead to develop- tioned his approval on Providence the units would have a fifteen-year ment of affordable housing on an House altering the ratio of the proj- resale restriction. The developer underutilized site. ect’s supportive/low-income hous- would market the units to families ing component. Markowitz stated CPC: Culver El (C 100345 ZMK – rezon- earning between 80 and 110 percent that 40 percent of the units should ing) (C 100347 HAK – UDAAP) (C of area median income. 100348 ZSK – C 1000361 ZSK – special be available to low-income women, Brooklyn Borough President permits)(Aug. 25, 2010) (Architect: Bri- and noted that similar supportive Marty Markowitz and local Council colage Designs). housing projects in the area con- Member Brad Lander generally sup- tained a 60/40 percent split in hous- ported the plan, but both officials ing. He also stated that Providence requested that the housing project’s CITY PLANNING COMMISSION House should consider providing units remain permanently afford- larger “family-oriented” units. able under the City’s Inclusionary UDAAP/Special Permit At the Commission’s hear- Housing Program. Markowitz also Prospect Lefferts Gardens, Brooklyn ing, Sister Janet Kinney, Providence recommended that the Commis- Brooklyn supportive housing House’s executive director, said her sion require the owner of the Ber- project debated group operated ten residential pro- gament property to provide afford- grams, including a transitional proj- able housing if it redeveloped the New project would house women ect for women parolees in Prospect site. Lander suggested that the site transitioning from shelters or hospi- Lefferts Gardens. Kinney claimed should either be removed from the tals; opponents expressed concerns that if Providence House altered the proposal or rezoned to C8-2, which about project’s impact on neigh- supportive/low-income housing ra- does not permit residential uses. borhood . On August 25, 2010, the tio, it would have to eliminate staff,

September 15, 2010 Volume 7 CITYLAND 121 weakening “a sound program.” Laurelton. The Commission certi- suburban nature. Residents testifying in opposi- fied the proposal in June 2010. 7 Planning would replace the tion expressed concerns about the CityLand 91 (July 15, 2010). majority of the R3-2 zoning with project’s impact on the neighbor- Sunrise Highway bisects the re- contextual zoning districts in order hood. Joanne Newbold said that zoning area. The northern portion is to better reflect existing develop- many children live on the block zoned R2 and characterized by sin- ment. The plan would rezone 146 and that it was not an appropriate gle-family detached homes. Rose- blocks throughout the southern site for the project. Newbold noted dale’s southern portion is zoned R3- portion of Rosedale to R3X, thereby the prevalence of other nearby sup- 2, which allows a variety of housing limiting building types to detached portive housing facilities and asked types, including low-rise attached one- and two-family homes. Plan- when the area would “stop being houses, small multi-family apart- ning would apply R3-1 districts to our neighborhood and just be sup- ment houses, and detached and six areas encompassing 39 blocks, portive housing for everyone else?” semi-detached houses. This area is limiting new development to de- Those speaking in favor includ- also characterized by single-family tached and semi-detached homes. ed residents and former tenants of Providence House facilities. Sharon detached homes, but the flexibility Two small portions would be re- White-Harrigan, director of Brook- of the R3-2 zoning has resulted in zoned from R3-2 to R3A to match lyn’s Alternatives to Incarceration pockets of overdevelopment out of those areas’ existing narrow lot de- program, said she resided in a Provi- character with the area’s prevailing velopment. Planning would also ex- X R3 1 T T S R3-1 1 ST S M 33 132 4 A 3 ER V R dence House facility after serving 2 43 D 2 RI 22 C 2 137 T K AV S BL VD 13 R3X 7 AV 232 eleven years in prison. White-Har- Y W K P ST 13 R2A 5 4 133 RD ON RD rigan said that she had successfully 22 VD 13 LT 1 5 38 BL AV A RE V U IS 133 R2A LA DR T EW ST reintegrated into society in large L T ST S S 7 S 3 4 ST 2 5 22 CI T 4 22 2 31 S 2 L 1 ST 2 ST 3 AN P 4 ST AV 6 R 33 4 2 2 F 2 44 part due to Providence House. 2 3 4 T 2 2 2 T S

S R2 0 8 23 22 138 T The Commission has until Oc- AV S 134 6 RD 4 T 2 S ST 13 9 5 13 4 AV 9 VD AV 22 R3A L 23 tober 18 to vote on the project. B R2 T E S

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RO CPC: Hearing on Providence House I (C B 1 T 36 A 13 S 1 V 8 36 PL Y AV RD 0 43 1 2 R4B 41 3 KW 1 100325 ZSK – spec. perm.) (C 1000326 A 2 P 37 V A 13 N 138 V 6 R AV D R4B TO EL R HAK – UDAAP) (Aug. 25, 2010). U 1 37 13 LA RD 7 AV ST

46 2 137 R3-2 RD R3A Proposed Zoning Lines N CONDUIT AV

Proposed C1-2 Overlay District BELT PKWY CITY PLANNING COMMISSION SU Proposed C1BE-3LT Ov PKerWlaYy District NRISE HWY S CONDUIT AV T R3-2 S 143 RD Proposed C2-3 Overlay District 1 13 247 40 9 AV A V ST R4B 14 ME

LAN 3 48 y R3-2 Existing Zoning AV MP 2 Count Nassau H IS ED SI 1 Rezoning ST T 4 AV R3A N 1 8 Existing C2-2 OverSlay District AV G G 1 E 22 A ST WO 23 V 246 Existing C1-3 Overlay District 1 OD 42 T A M S V E CAN AV EY LA Rosedale, Queens 9 M Existing C2-3 Overlay District P 22 H IS 144 AV T AV 143 S 0 AV 25 LA Y T L NE S A Rezoning in southeast P C 0 30 3 2 2

W R3A E T Queens approved L S LE 3 rk R 25 AV R3X C Pa 145 AN AV T EY le S RD l 1 14 24 4 Local council member supported vi AV ST 5 T ST 25 ST S M 6 5 ook AYD 49 2 A R3-2 2 193-block contextual rezoning in 231 RD 14 Br 6 N ST A ST E 7 V EW 5 D HA 2 32 G LL 44 AV ST 2 EW 1 N A LA suburban Queens . On August 25, V R3A TO K O R N V E T A A O 45

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4

2 The plan seeks to preserve the neigh- 25 borhood’s low-density character and builds on three recent rezon- ings in the nearby neighborhoods Rosedale Rezoning, Proposed Zoning Map used with permission of the New York City Department of Brookville, Cambria Heights, and of City Planning. All rights reserved.

122 Volume 7 CITYLAND September 15, 2010 Core and modified the amendment ULURP PIPELINE to require the parking availability information to be included on the New Applications Certified into ULURP plaque required for facilities with PROJECT DESCRIPTION COMM. BD. ULURP NO. CERTIFIED car-share vehicles. Putnam Greenway City map amendment BX 8 090196MMX 8/9/2010 Addressing safety concerns Glenn Avenue City map amendment QN 8 090363MMQ 8/9/2010 raised by some community boards during the public review, the tend the existing R2 district over six where private vehicles and tradi- Commission also modified the lots occupied by detached residenc- tional car rentals are permitted to proposal to require the residential es and modify commercial overlays park, but do not address car-share portion of a building to be secured to correspond with existing uses. vehicles. Rental vehicles are con- if the building is accessible from At the Commission’s public sidered a commercial use and are an accessory garage that permits hearing, a representative for Coun- prohibited in most public park- car-share vehicles. cil Member James Sanders Jr., ing facilities. Planning’s proposal CPC: Car Share Text Amendment whose district includes Rosedale, would define car-share vehicles and (Aug. 11, 2010). said that Sanders “wholeheartedly” permit car-share vehicles to park supported the rezoning and that the in a range of public and accessory area “has been inundated with over- parking facilities. The amendment BOARD OF STANDARDS & APPEALS development for far too long.” Bill would establish higher maximums Perkins, president of the Rosedale in public facilities and in high- Appeal Civic Association, testified that and medium-density residential East Village, Manhattan Rosedale would be the last neigh- garages, while restrictions would be borhood in southeast Queens to tighter in low-density districts. Plan- BSA legalizes sixth floor, be rezoned, emphasizing that the ning would require that all garages but not penthouse community did not want to fall vic- containing car-share vehicles pro- BSA had previously revoked permit tim to overdevelopment when the vide an information plaque iden- for buildings’ existing two-story ad- economy rebounds. There were no tifying the total number of spaces dition . In 2007, the owner of two speakers in opposition. and maximum allowable number of pre-1948 five-story buildings at 514 The Commission unanimously car-share spaces. and 516 East 6th Street in Manhat- approved the proposal. At the Commission’s public tan obtained an alteration permit hearing, a representative of Man- CPC: Rosedale Rezoning (C 100436 and enlarged the buildings by two ZMQ - rezoning) (Aug. 25, 2010). hattan Borough President Scott stories. The enlarged buildings did M. Stringer and representatives not comply with the Multiple Dwell- from car-sharing companies and ing Law’s fire safety requirements, CITY PLANNING COMMISSION planning groups spoke in support. but Buildings permitted the owner Stringer’s representative suggested to provide alternative fire safety up- Text Amendment that the Commission include sig- grades. A tenant appealed the deci- Citywide nage requirements clarifying that sion to BSA, claiming that Buildings residents with private vehicles had Car-share parking text was not authorized to permit alter- priority over car-share compa- amendment modified native measures in lieu of the Mul- nies when attempting to secure a tiple Dwelling Law requirements. Commission determined that clear monthly space in residential garag- BSA agreed and revoked the permit. off-street parking rules for car-share es. 7 CityLand 106 (Aug. 15, 2010). The owner requested that BSA vehicles would help alleviate traffic The Commission approved the legalize the buildings pursuant to congestion and increase available proposal, but made several modi- a section of the Multiple Dwell- spaces . On August 11, 2010, the City fications. It noted that accessory ing Law permitting BSA to modify Planning Commission modified the residential parking facilities outside requirements for buildings con- Department of City Planning’s pro- of the Manhattan Core (Commu- structed prior to 1948. During the posed zoning text amendment that nity Districts 1 – 8) are permitted to hearings process, the owner agreed would establish off-street parking rent spaces to non-occupants of the to demolish the seventh floor pent- guidelines for car-share vehicles of- building, but a space must be made house and requested that BSA only fered by companies such as ZipCar available to a resident within 30 days legalize plans reflecting a six-story and Connect by Hertz. of a written request to the landlord. building. The owner claimed that it The zoning resolution’s off- The Commission extended this pro- would be a hardship to comply with street parking regulations address vision to include the Manhattan the Multiple Dwelling Law safety

September 15, 2010 Volume 7 CITYLAND 123 BSA PIPELINE LANDMARKS PRESERVATION COMMISSION New Applications File­­d with BSA — August 1 - 31, 2010 Designations APPLICANT PROJECT/ADDRESS DESCRIPTION APP. NO. REPRESENTA­TIVE Staten Island VARIANCES

NYC/HPD 37th Street, BK Permit residential buildings 156-10-BZ– Rothkrug Rothkrug Staten Island armory and in M2-1 district 172-10-BZ church complex designated Wayne Hatami 149-61 Willets Pt. Blvd., QN Convert res. bldg. to comm. fac. 15-10-BZ Sive, Paget & Riesel Edward Lauria 160 Edinboro Rd., SI Permit four dwellings on lot 140-10-BZ– Rothkrug Rothkrug Christ Church and castle-inspired without proper street frontage 146-10-BZ 51st Calvary Armory designated . SPECIAL PERMITS/OTHER ACTIONS On August 10, 2010, Landmarks Profile Enterprises 224 West 35th St., MN Legalize phys. cult. est. 151-10-BZ Sheldon Lobel PC voted unanimously to designate Leemilt’s Petroleum 3400 Baychester Ave., BX Ext. variance, time to obtain C of O 175-10-BZ Sheldon Lobel PC the Headquarters Troop of the 51st Lyle Broochian 1124 E. 26th St., BK Enlarge 1-family dwelling 150-10-BZ Sheldon Lobel PC Cavalry Brigade Armory and the Chaya Singer 1415 E. 29th St., BK Enlarge cellar, dwelling 149-10-BZ Eric Palatnik PC Christ Church complex in Staten Giselle Salamon 1559 E. 29th St., BK Enlarge 1-family dwelling 148-10-BZ Eric Palatnik PC Island as two individual City land- Jeannie Kontopirakis 158 85th St., BK Enlarge 1-family dwelling 152-10-BZ Peter Poruczynski marks. The Armory is located at 321 Olympia Properties 65-06 Fresh Pond Rd., QN Permit phys. cult. est. 173-10-BZ Nasir J. Khanzada Manor Road in Castleton Corners, English Evang. Church 36-29 Bell Blvd., QN Reduce parking area for new bldg. 174-10-BZ The Briarwood Org. and Christ Church is located at 74 APPEALS Franklin Avenue in New Brighton. Yetev Lev D’Satmar 540 Bedford Ave., BK Ownership authorization 154-10-A Isaac Rosenberg Landmarks held public hearings on 101 01 One Group 101-01 39th Ave., QN Permit dev. in mapped st. bed 153-10-A Eric Palatnik PC both structures in August 2009. 6 Breezy Pt. Co-op 107 Beach 216th St., QN Build in mapped st. bed 135-10-A Zygmunt Staszewski CityLand 126 (Sept. 15, 2009). Breezy Pt. Co-op 26 Park End Terr., QN Build in mapped st. bed 136-10-A Joseph A. Sherry The Headquarters Troop Ar- Breezy Pt. Co-op 103 Beach 213th St., QN Building not fronting mapped st. 137-10-A Joseph A. Sherry mory dates to 1926 and retains NYC 174-20 N. Boundary Rd., QN N/A 138-10-A Melvin A. Glickman its historic function as a National Breezy Pt. Co-op 29 Roosevelt Walk., QN Building not fronting mapped st. 139-10-A Gary D. Lenhart Guard installation. The firm of Wer- Edward Lauria 160 Edinboro Rd., SI Permit four dwellings not 141-10-A– Rothkrug Rothkrug ner & Windolph designed the red fronting mapped street 147-10-A brick-faced building to resemble requirements, noting that it would renovations to new buildings, con- a medieval castle with three-story require widening existing staircases structed after July 1, 1948. Accord- towers, corner turrets, and cren- and hallways, and removing floors, ing to BSA, to interpret the alternate ellated parapets. This building is beams, and walls. The owner also section as the tenant suggested unique among the City’s armories claimed that the alternative mea- would render ineffective the section because the National Guard sited it sures, which included a full sprinkler cited by the owner that expressly on a large grassy parcel in a subur- system, hard-wired smoke detec- applies to buildings constructed ban area. Landmarks only included tors, and new fire escapes, satisfied prior to 1948. BSA found that the the western portion of the armory’s the Multiple Dwelling Law’s intent. owner established that complying expansive campus in the designa- Local elected officials, commu- with the Multiple Dwelling Law cre- tion in order to permit unregulated nity groups, and one of the build- ated a hardship ings’ tenants opposed the applica- and the “spirit tion, arguing that the buildings were and intent” of incompatible with the neighbor- the law would hood. The tenant also claimed that be maintained because of the two-story addition, by the six-story BSA was required to review the ap- building with plication under an alternate section alternative safe- of the Multiple Dwelling Law requir- ty measures. ing that a building altered after 1961 BSA: 514-516 East demonstrate the building or prem- 6th Street, Man- ises had unique physical features. hattan (217-09- BSA disagreed and granted the A) (Aug. 3, 2010) appeal. BSA concluded that the al- (Marvin Mitz- ternate section only applied to the ner, for owner). Headquarters Troop of the 51st Calvary Brigade Armory at 321 Manor Road construction of new buildings, or to CITYADMIN in Castleton Corners, Staten Island. Image: LPC .

124 Volume 7 CITYLAND September 15, 2010 use by the National Guard. Former west entrance. A small pocket of Council Member Kenneth Mitchell LANDMARKS PRESERVATION properties along Prospect Park West and the State Division of Military COMMISSION between 9th and 10th Streets would and Naval Affairs supported desig- also be included within the district. nation at the August 2009 hearing. Calendaring The proposed extension fea- The Commissioners gener- Park Slope, Brooklyn tures a mix of rowhouses and apart- ally praised the building, with Mar- ment buildings, with many dating Extension of Park Slope to the 1880s and incorporating Itali- gery Perlmutter remarking that al- Historic District proposed though it was designed for military anate and Queen Anne-style archi- purposes, it possessed a “fanciful” Extension would bring roughly 582 tectural design. The properties clos- est to Prospect Park include early quality. Commissioner Stephen By- buildings under Landmarks’ juris- 20th century neo-Classical style ar- rns praised the building’s unusual diction . On August 10, 2010, Land- chitecture. The extension’s notable brickwork and castle-like features marks moved to calendar the pro- structures include two 19th cen- noting that it was “flexing all its posed Park Slope Historic District Extension, the first step toward tury firehouses, the former Ansonia muscles in defense of the City and Clock Factory built in 1879, and the the country.” landmarking. The extension would include approximately 582 build- Renaissance Revival-style Acme The Christ Church complex ings located to the southwest of the Hall built by Charles Nickenig and comprises a church, parish house, original 1973-designated Park Slope featuring a ballroom, bowling alley, rectory, and cloister; all of which are Historic District, which encompass- and meeting rooms. clad in granite and modeled on late es 1,975 structures. The proposed Before calendaring, Chair Rob- Gothic English architecture. Christ district is bounded by 7th Street to ert B. Tierney thanked Landmarks Church was established in 1849, but the north, 15th Street to the south, staff and the neighborhood advo- the existing buildings date to the Eighth Avenue to the east, and Sev- cates who were instrumental in pro- early 1900s with the exception of enth Avenue to the west. The district posing the district. Landmarks did the 1879-built rectory. Isaac Pursell would include the properties along not set a date for a public hearing. designed the church and the parish the northwestern curve of the traf- LPC: Park Slope Historic District house, and although he was the ar- fic circle at Bartel-Pritchard Square, Extension, Brooklyn (LP-2443) (Aug. chitect of many religious buildings across from Prospect Park’s south- 10, 2010). throughout the Mid-Atlantic, Christ

7 St 546 70

Church represents his only work in 458 2 2

4

8

1

9 70 New York City. The church has an 29 extensive collection of stained-glass 419 8 St 509 windows including five from Tiffany 402 490 Studios. Representatives of the con- 517 435 9 St 444 522 574 584

gregation supported designation at 2 14

9

the August 2009 hearing. 11

51 1 Commissioner Diana Chapin 525 10 St 603 695 705

1 640

532 W 00

k 1 P said the complex’s ancillary build-

Av Av Av ct

7 7 8 8 6 ings enhanced the “very fine” neo- pe 481 579 Pr os 486 11 St 582

Gothic church structure. Com- 1111 Boundary of Proposed Extension missioner Perlmutter approved Boundary of Existing District

465 designation, noting that the com- Tax Map Lots in Prop. Extension 403 12 St 402 462 plex was an unusual example of an urban church campus. Chair Rob- 385 445 13 St

ert B. Tierney said the “remarkable 388 448 4

complex” was beautifully main- 2 13 369 435 14 St 372 388 1 440 442 496 498 tained and thanked the representa- 4 0

87 1

1

tives of the church for being respon-

4

3 0 341 9 355 44 409 469 sible custodians of the property. 1

15 St 5

03 422 474 LPC: Headquarters Troop, 51st Cavalry N

10

2 455 Brigade Armory, 321 Manor Rd., Staten 200 16 St Island (LP-2369); Christ Church, 74 Feet Franklin Ave., Staten Island (LP-2383) Proposed Park Slope Historic District Extension (shown with partial boundaries of original Park Slope (Aug. 10, 2010). Historic District). Image: LPC .

September 15, 2010 Volume 7 CITYLAND 125 The Preservation League of Landmarks Actions Taken in August 2010 Staten Island’s John Kilcullen testi- FINAL PERMITS TO BE ISSUED AFTER LANDMARKS RECEIVES CONFORMING PLANS fied that the borough was rapidly

ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE NO. APP’D losing its 17th century buildings and urged Landmarks to designate August 3, 2010 40 Dover St., MN South St. Seaport HD Construct stair bulkhead 10-5498 W/Mod the structure. The Society for the 357 Canal St., MN SoHo-Cast Iron HD Install storefront infill 10-9241 Yes Architecture of the City’s Christabel 155 Wooster St., MN SoHo-Cast Iron HD Install wall sign 10-5026 Yes Gough also supported designation, 7 Washington Mews, MN Greenwich Village HD Alter entrances 10-4606 W/Mod noting that the use of local field- Washington Mews, MN Greenwich Village HD Reconst. st. bed & sidewalks 10-5632 W/Mod stone distinguished the Lakeman 40 Fifth Ave., MN Greenwich Village HD Modify window openings 10-9792 Yes House from other Hudson Valley 239 W. 12th St., MN Greenwich Village HD Construct rooftop addition 10-5459 Yes Dutch homes. 211 E. 61st St., MN Treadwell Farms HD Alter primary facade 10-8591 No Landmarks did not set a date 100 W. 80th St., MN Upper West Side/CPW HD Construct rooftop addition 10-2634 Yes for a vote. August 10, 2010 390 Fifth Ave., MN The Gorham Building Replace windows 10-3463 Yes LPC: Lakeman House, 2286 Rich- 179 Franklin St., MN Tribeca West HD Legalize storefront infill 10-5027 Yes mond Rd., Staten Island (LP-2447) 64 Wooster St., MN SoHo-Cast Iron HD Install infill, alter base 10-6942 W/Mod (Aug. 10, 2010). 1056 Fifth Ave., MN Carnegie Hill HD Create master plan (windows) 10-9260 Yes 150 Montague St., BK Brooklyn Heights HD Install infill, signage 11-0451 Yes 227 Clinton St., BK Cobble Hill HD Alter roof, const. pool 10-8640 Yes LANDMARKS PRESERVATION 182 Atlantic Ave., BK Cobble Hill HD Mod. storefronts., inst. signs 10-9839 Yes COMMISSION

LANDMARKS PIPELINE Designation Hearings Proposed Designations – August 2010 Rossville, Staten Island

NAME ADDRESS ACTION DATE Remnants of historic free black community heard 45-47 Park Pl. Bldg. 45 Park Pl., MN Decalendared 8/3/2010 Park Slope HD Ext. Park Slope, BK Calendared 8/10/2010 Four 19th century buildings in Brooklyn Union Gas Bldg. 180 Remsen St., BK Heard 8/10/2010 Staten Island’s Sandy Ground, one Rossville AME Zion Church 584 Bloomingdale Rd., SI Heard 8/10/2010 of the first communities settled by 565, 569 Bloomingdale Houses 565/9 Bloomingdale Rd., SI Heard 8/10/2010 Coleman House 1482 Woodrow Rd., SI Heard 8/10/2010 freed slaves, considered . On August W.T. Garner Mansion 355 Bard Ave., MN Heard 8/10/2010 10, 2010, Landmarks heard testi- Merrill House 29 Cottage Pl., SI Heard 8/10/2010 mony on the potential designations Lakeman House 2286 Richmond Rd., SI Heard 8/10/2010 of four buildings located in Staten Christ Church Complex 74 Franklin Ave., SI Designated 8/10/2010 Island’s Sandy Ground community, 51st Cavalry Brigade Armory 321 Manor Rd., SI Designated 8/10/2010 one of the country’s oldest com- the building in 1966. munities settled by freed slaves. LANDMARKS PRESERVATION The farmhouse is situated on The buildings date to the 19th cen- COMMISSION land granted to Lewis Lakeman by tury and include the Rossville AME colonial Governor Edmund Andros Zion Church located at 584 Bloom- Designation Hearing in 1675. One of Lakeman’s sons, be- ingdale Road, two cottages at 565 New Dorp, Staten Island lieved to be Abraham Lakeman, built and 569 Bloomingdale Road, and the farmhouse’s original two-story the Coleman House located at 1482 Dutch Colonial farmhouse section using irregular fieldstone. Woodrow Road. considered This section features a gambrel roof. Located on Staten Island’s A one-story wing featuring a gable south shore, freedmen settled San- Landmarks first considered the re- roof was added at a later date. The dy Ground after New York abolished cently restored, 300-year-old farm- Cortelyou family briefly owned the slavery in 1827. Soon after, free house in 1966 . On August 10, 2010, farmhouse and it is now part of the blacks from the Chesapeake Bay re- Landmarks held a hearing on the Moravian Florist complex. Spear- gion traveled to the community to possible designation of the Lake- headed by the owner and preser- pursue their trade as oystermen in man House, at 2286 Richmond Road vation architect David Carnivale, a place where they could own and in Staten Island. The Dutch Colonial the building recently underwent captain their own boats. The com- farmhouse, built between 1683 and extensive restoration that included munity persisted after the oyster 1714, is one of the borough’s oldest removing some modern additions beds were closed due to pollution homes. Landmarks first considered and replacing roof material. in 1916, and descendants of the

126 Volume 7 CITYLAND September 15, 2010 original settlers reside home was currently operating as a in the area to this day. two-family rental property. Mitchell The City recently re- said that certain “legal and liabil- zoned the area, and the ity issues,” including outstanding Rossville AME church’s Buildings violations, should be re- leadership opposed the solved before landmarking proceed- action due to concerns ed. Yvonne Taylor, a descendant of that it would prevent Rebecca Gray Coleman, supported the church’s planned designation and described how the senior citizen housing building evolved from a simple cot- project. 7 CityLand 5 tage to a thirteen-room house as the (Feb. 15, 2010). Coleman family expanded. In 1897, Andrew No date has been set for voting Adams built the Rossville AME Zion Church at 584 Bloomingdale Road in Staten on the designations. Island. Image: LPC . vernacular Rossville LPC: Rossville AME Zion Church, AME Zion Church for a congrega- Staten Island’s John Kilcullen sup- 584 Bloomingdale Rd., Staten Island tion that had incorporated in 1850. ported designation, stating that the (LP-2416); 565 and 569 Bloomingdale Virginia-born clergyman William H. buildings were important to “pre- Road House, 565, 569 Bloomingdale Pitts purchased the property, and serve a sense of place that is rapidly Rd., Staten Island (LP-2415); Isaac and served as the church’s first pastor. being lost.” The Historic District Rebecca Gray Coleman House, 1482 Landmarks designated the church’s Council’s Ed Kirkland testified that Woodrow Rd., Staten Island (LP-2414) cemetery in 1985. The church lost the two houses were survivors of a (Aug. 10, 2010). its steeple, and its sides have been group of three and retained most of reclad with faux brick. However, the their original fabric. structure retains its essential form, The Coleman House was built ADMINISTRATIVE DECISIONS fenestration, porch, and stoop. in the 1860s for the Rossville AME At the hearing, Yvonne Tay- church’s leader and his wife, the Dep’t of Buildings lor, the chairperson of the church’s Reverend Isaac Coleman and Re- Bushwick, Brooklyn board of trustees, spoke in favor becca Gray Coleman. The Struc- Artist studio NOV defeated of designation. Taylor noted that ture’s oldest portion is two stories the church served as the “center of tall with three window bays. An east Building owner allowed artist stu- community and religious life for the and west wing and a rear one-story dios on floor designated for factory free African-American community” addition were added before 1940, use . The owner of 56 Bogart Street in and that it will soon celebrate 160 according to Landmarks staff. Brooklyn rented several fourth-floor years of service. The Society for the David Mitchell, a former resi- units to artists. The artists produced Architecture of the City’s Christabel dent of the house and partial owner items such as canvas, paper and Gough strongly supported designa- of the property, testified that the wood objects, jewelry, lighting, and tion characterizing the church as the “most widely visible emblem of Sandy Ground.” Landmarks considered the 565 and 569 Bloomingdale Road Houses together as an individual landmark. The homes were built simultane- ously in the 1880s by an unknown architect as rental properties for Robert Mersereau. Vernacular in style, the nearly identical struc- tures are of a type known as “bay- men’s cottages” featuring peaked roofs, central chimneys, and shal- low stoops and porches. A 1963 fire damaged many structures in the area, but the cottages survived as a rare example of their types. The Preservation League of Four-story building containing artist studios at 56 Bogart Street in Brooklyn. Image: CityLand .

September 15, 2010 Volume 7 CITYLAND 127 skateboards. A Buildings officer is- a mixed-use neigh- sued the owner a notice of violation borhood with more for allowing occupancies contrary than 5,000 residen- to what was permitted by the cer- tial units, 1.75 mil- tificate of occupancy. At a hearing, lion sq. ft. of retail Buildings submitted a 1931 and a space, a school, and 1973 C of O that stated that the first a hotel. According through fourth floors could only be to the proposal’s used as a “factory.” The officer testi- environmental re- fied that he observed art and sculp- view, the City would ture studios on the fourth floor, undertake exten- which according to the NOV, did sive environmental not qualify as factory uses. The own- cleanup efforts and er countered that the tenants were Willets Point, Queens (view along 127th Street between 37th and 36th use fill to raise the Avenues). Image: CityLand . producing goods for sale or viewing entire area out of elsewhere, and thus their activities the 100-year flood zone. In order to tain approval for the new highway were not inconsistent with a factory address the projected increase in ramps. Noting that the City ad- use or occupancy. An ALJ sustained traffic, new traffic ramps would be equately considered the potential the NOV, and the owner appealed to added to the three highways located impacts of the fill on the underly- the Environmental Control Board. near the area. The ramps would re- ing soil, Justice Madden said Ardiz- The Board reversed the ALJ’s quire approval from the State De- zone’s study was speculative and decision, ruling that Buildings had partment of Transportation and the failed to take into account that the failed to show the artists’ activities Federal Highway Administration. City’s remediation plan included re- were inconsistent with the C of O. Willets Point resident Joseph moving contaminated soil. As the building code and the zon- Ardizzone and local businesses Ardizzone v . Bloomberg, Index No. ing resolution lacked a definition challenged the plan, claiming that 103406/09 (N.Y.Cty.Sup.Ct. Aug. 24, of “factory,” the Board looked to the City’s environmental impact the word’s common meaning – “a 2010) (Madden, J.) (Attorneys: Michael statement did not adequately con- B. Gerrard, Nelson D. Johnson, for building or buildings with facili- sider traffic impacts. Ardizzone ar- ties for manufacturing.” The Board Ardizzone; Michael A. Cardozo, Chris gued that the City failed to explicitly Reo, for NYC). found that artist studios, like the state that it could not mitigate the ones described in the NOV, could fit impacts and did not describe the within the common meaning of fac- State and federal approvals process COURT DECISIONS tory, and further found that Build- necessary to build the additional ings did not prove the artists’ use of highway ramps. Ardizzone also City of New York the space differed from factory use. claimed that the City inadequately E. Village/Lower East Side, Manhattan NYC v . 56 Bogart Street LLC, ECB considered the plan’s impact on Court challenge to East Appeal No. 1000384 (July 22, 2010). the water supply, citing a study that Village/LES rezoning fails CITYADMIN concluded the proposed fill would compress underlying soil and force Developer argued City inadequately contaminants into a nearby aquifer. considered rezoning’s economic im- COURT DECISIONS Justice Joan A. Madden dis- pact . In May 2008, the Department missed the challenge, finding that of City Planning proposed rezon- City of New York the City’s traffic analysis clearly ing 111 blocks in Manhattan’s East Willets Point, Queens identified that the plan would lead Village and Lower East Side neigh- Willets Point redevelopment to significant increases in traffic borhoods. Planning proposed the clears judicial hurdle congestion and deteriorating lev- contextual rezoning in order to els of service on the highways, and preserve the area’s low- and mid- Resident and businesses argued City that the City did not suggest these rise character and channel new did not fully consider plan’s impact impacts could be mitigated. Justice construction to blocks suitable for on highway traffic and water supply . Madden ruled that the City was not development. The plan included In November 2008 the City Coun- required to describe the process for rezoning large mid-block portions cil approved a redevelopment plan obtaining permits necessary for the above Houston Street from R7-2 to for Willets Point, Queens. The plan project’s completion, and assumed R8B to establish height limits while would transform a 61-acre indus- additional environmental review providing an increase in total floor trial section of northern Queens into would be required if it failed to ob- area. The plan also included apply-

128 Volume 7 CITYLAND September 15, 2010 CITYLAND PROFILES Mark Silberman brings Legislative and Litigation Experience to Landmarks obbled by a a lobbyist and in drafting legislation. At that ing earlier and requiring the city and/or H bad back and time, Landmarks’ only means of penalizing the nonprofit to replace the building’s roof recently returned from illegal work was through criminal proceed- might have averted the need to demolish a vacation, the Land- ings, which the Law Department and judges portion of the building. He says the promi- marks Preservation were reluctant to enforce, or by refusing to nent demolition-by-neglect lawsuits are the Commission’s Gen- issue permits for buildings with illegal work, exception and that in the majority of cases eral Counsel Mark known as the “hostage policy.” Silberman “people fix the problem, and it goes away.” Silberman sat down worked with Kenneth Fisher, who was then On challenges to the Landmarks Law. with CityLand to talk about his role at the chair of Council’s Landmarks, Public Siting In Citizens Emergency Committee v. Tierney, Commission and Landmarks’ role in the & Maritime Uses Subcommittee, and pres- a community group sued Landmarks in an City. He brings a perspective on the broader ervationist groups to draft an amendment to attempt to force the Commission to consider role of historic preservation nationally and in our culture. the Landmarks Law allowing for adminis- all public requests for evaluation within 120 A young environmentalist. Raised in trative tribunals to adjudicate violations and days of their submission. Landmarks won Illinois and a graduate of the University of for the assessment of civil penalties. the lawsuit on appeal, with the court ruling California at Santa Cruz, Silberman began Silberman says that as general counsel that the agency had broad discretion in car- his career in government and advocacy as for a small agency he can focus on policy, rying out its mission. A group of City Council a lobbyist in Washington for environmen- litigation, and planning rather than on pro- members, however, recently introduced a tal groups, including Friends of the Earth, curement and personnel issues. In the line bill which would require a Landmarks com- an offshoot of the Sierra Club and the of duty, he drafts rules, including specific mittee to review every landmark proposal first grassroots international environmental rules for individual historic districts. He also with 120 days and “promptly” report their organization. Silberman worked on amend- coordinated the redesign and updating of determination to the Commission. ing the Safe Drinking Water Act to protect the Guide to New York City Landmarks and Although he does not take a stance on groundwater, pesticide reform, and hazard- was involved in the recent exhibition Con- the proposed bill, Silberman says that Land- ous waste issues. text/Contrast, which examined new build- marks is an expert agency and is accorded Silberman decided he could be more ings in historic districts. a great deal of discretion by law. He believes effective with a law degree. He attended Enforcement and outreach. Silber- the discretion granted in the Landmarks Hofstra University’s law school, choosing man emphasizes that the application of the Law was intentional and that the current this institution largely for the opportunity Landmarks Law must be sufficiently flex- procedures best fit the practical reality of to work with environmental lawyer and ible so as not to deter people from living in the volunteer Commission. He points out former Parks Commissioner William Gins- historic districts. The Commission strives to that at one time the Commissioners only berg. After graduation, Silberman worked be “a friendly organization,” and Silberman had one public hearing a month, but now at Paul, Weiss, Rifkind, Wharton & Gar- says the “political reality of preservation” meet twice, in addition to having one public rison LLP’s recently created environmental is that Landmarks needs to provide readily meeting each month. It would be infeasible law group, where, he estimates, he spent accessible staff and require simple paper- to involve them in every level of the agency’s around 30 percent of his time working work with minimal filing fees. decision-making process. Silberman notes on pro bono cases. Among those cases, Silberman, who brought the agency’s that requests from the public are only one Silberman worked with two colleagues rep- first demolition-by-neglect lawsuit, credits example of the discretionary nature of the resenting the Natural Resources Defense his colleague, Deputy Counsel John Weiss, Commission, citing staff surveys of potential Council and the West Harlem Environmental with having revolutionized the handling of districts and buildings and the delineation of Action Coalition over the operation of the these types of cases. Silberman says that historic district boundaries. North River Wastewater Treatment Plant in Landmarks extensively reaches out to prop- Silberman argues persuasively that if Harlem, eventually winning a million dollar erty owners before going to litigation. The preservation is going to be accepted by settlement with the City. agency has learned that early intervention the larger community, Landmarks must Career at Landmarks. Silberman was is the key. The Corn Exchange Bank Build- be pragmatic and the law “should not be brought to Landmarks in 1995 by then- ing, located at 81 East 125th Street in East a mechanistically applied.” For example, it Chair Jennifer Raab. Although he functioned Harlem, had been vacant for decades and should allow owners to build contemporary as a de facto deputy counsel, he was hired suffered a fire. The City then leased the additions and be open to new materials under the non-legal title Director of Enforce- building to a non-profit and Landmarks and approaches. Silberman believes that ment due to a City hiring freeze. Raab, issued permits to restore the building, but designation is widely considered to be who had as a priority the revamping of the the group did not maintain the structure desirable in the City partially because of agency’s enforcement capabilities, recruit- and Buildings was forced to order its partial Landmarks’ flexibility. ed him to Landmarks for his experience as demolition for safety reasons. Interven- — Jesse Denno

September 15, 2010 Volume 7 CITYLAND 129 ing a more restrictive R7B zoning the rezoning’s impact on Jakobson’s area’s low-rise character. district to three mid-blocks located properties, characterizing the R7B Justice Schlesinger further between East 4th and 7th Streets designation as a “moratorium on found that the rezoning would not and Avenues A and B. new building.” prevent new construction, noting After three years of public re- Justice Alice Schlesinger dis- that Jakobson was in the process view, the City Planning Commis- missed the challenge, ruling that of constructing a six-story building sion prepared a final environmental the City took the requisite “hard on its property. Justice Schlesinger impact statement which concluded look” at the relevant areas of envi- said that the City revised the plan in that the rezoning would have no sig- ronmental concern and provided a response to community concerns nificant impact on the environment. “reasoned elaboration” for the deci- and that such action was a well- The City Council approved the pro- sion to rezone the three mid-blocks recognized and important part of posal. 5 CityLand 165 (Dec. 2008). differently than other blocks. Justice the environmental review process, Jakobson Properties LLC, the Schlesinger found that Planning not evidence of “some sort of deal” owner of 530 and 532 East 5th Street, had explained that the area cover- made in contravention of the law. challenged the City’s environmental ing Jakobson’s lots was character- Matter of Jakobson Properties, LLC review. Jakobson claimed that the ized by shorter and lower-density v . The City of New York, Index No. City decided to apply the R7B zon- development than other portions 103638/09 (N.Y. Cty.Sup.Ct. Aug. 9, ing as a matter of political conve- of the rezoning area. Planning also 2010) (Schlesinger, J.) (Attorneys: Mar- nience in order to secure commu- explained that an R8B zoning dis- vin B. Mitzner, for Jakobson; Michael A. nity approval. Jakobson argued that trict would have been inappropriate Cardozo, Christina L. Hoggan, for City; the City did not properly consider because it would not maintain that David Karnovsky, for Planning).

­New Decisions Added to CITYADMIN www .citylaw org. – August 2010*

CITY COUNCIL RES. NOS. PROJECT DESCRIPTION DATE 373 100 W. 163rd St., MN UDAAP by HPD (2 lots) 7/29/2010 374 783 E. 168th St., MN UDAAP by HPD (1 lot) 7/29/2010 375 190 Brown Pl., BX UDAAP by HPD (1 lot) 7/29/2010 376 565 W. 125th St., MN UDAAP by HPD (1 lot) 7/29/2010 377 626 W. 136th St., MN UDAAP by HPD (1 lot) 7/29/2010 378 312 Hendrix St., BK UDAAP by HPD (1 lot) 7/29/2010 379 247 Dyckman St., MN Revocable consent (sidewalk cafe) 7/29/2010 † 380–88 Flushing Commons, QN Rezoning (C4-3 to C4-4); special 7/29/2010 permit (ht. & setback reqs., yards, FAR, bldg. distance); special permit (1600-space parking facility); zoning text amendments; special permit (647-space parking lot); special permit (309-space parking lot); special permit (275-space parking lot) † 389 Macedonia Plaza, QN UDAAP by HPD (1 lot) 7/29/2010 390 Bathgate URA, BX Approve urban renewal plan 7/29/2010 391 35th Ave. Rezoning, QN Rezoning (M1-1 to R6/C2-2) 7/29/2010 392 94th St./Corona Ave. Rez., QN Rezoning (M1-1 to R7B, ext. C2-3) 7/29/2010 † 393 High Line, MN Site selection, acquisition of prop. 7/29/2010 394 Springs Mills Building, MN Landmark designation 7/29/2010 395 3424 Broadway, MN Revocable consent (sidewalk cafe) 7/29/2010 396 212 Lafayette St., MN Revocable consent (sidewalk cafe) 7/29/2010 CITY PLANNING COMMISSION PROJECT NAME DESCRIPTION LOCATION ULURP NO. DATE Car Share Text Amendment Zoning text amend. (car-share vehicle parking) CW N100284ZRY 8/11/2010 Greenwich Village HD Ext. II Landmark district designation MN 2 N100476HKM 8/11/2010 Haffen Building Landmark designation BX 1 N100475HKX 8/11/2010 Noonan Plaza Apartments Landmark designation BX 2 N100474HKX 8/11/2010 433 Broome Street Spec. perm. (const. mezzanine, retail use) MN 2 C090253ZSM 8/25/2010 DOS District 3 Garage Acquisition of 2 properties (continued BK 1 C100258PQK; 8/25/2010 garage use) C100264PQK

*Bold indicates the decision is covered in this issue. The symbol † indicates that the decision was covered in a previous issue. City Council decisions available in hard-copy format at the Center for New York City Law.

130 Volume 7 CITYLAND September 15, 2010 ­­­­New Decisions Added to CITYADMIN www .citylaw org. – August 2010*

CITY PLANNING COMMISSION (CONT.) PROJECT NAME DESCRIPTION LOCATION ULURP NO. DATE Culver El Rezoning (7 blocks); zoning text BK 12 C100345ZMK; 8/25/2010 amend. (est. Special Mixed-Use Dist.); N100346ZMK; UDAAP by HPD (68 units); special permits C100347HAK; related to development within railroad C100348ZSK– right-of-way C100361ZSK Hour Children Rezoning (M1-1 to R5D, C1-3) QN 1 C100145ZMQ 8/25/2010 Rosedale Rezoning Rezoning (193 blocks) QN 13 C100436ZMQ 8/25/2010 BOARD OF STANDARDS & APPEALS­ ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE 514 E. 6th St., MN Enlarge multiple dwelling App’d 217-09-A Marvin B. Mitzner 1230 E. 27th St., BK Enlarge 1-family dwelling App’d 37-10-BZ Eric Palatnik PC 620 E. 102nd St., BK Permit day care center in C8 App’d 22-10-BZ Harold Weinberg 770 McDonald Ave., BK Ext. of term (catering est.) App’d 617-80-BZ Eric Palatnik PC 150 Kenilworth Pl., BK Convert to commercial use App’d 40-10-BZ Sheldon Lobel PC 16 Eckford St., BK Permit phys. cult est. (Barones Health Club) App’d 58-10-BZ Sheldon Lobel PC 117 Norfolk St., BK Enlarge 1-family dwelling App’d 27-10-BZ Eric Palatnik PC 79 Amherst St., BK Enlg., conv. 2-fam. dwelling to 1-fam. App’d 13-10-BZ Eric Palatnik PC 1347 38th St., BK Legalize variance modification App’d 159-99-BZ Fredrick A. Becker 37-08 Union St., QN Const. 14-story mixed-use bldg. App’d 70-10-BZ Sheldon Lobel PC 38-15 138th St., QN Const. four mixed use bldgs. (ht. regs) App’d 326-09-BZ Bryan Cave 85-12 Roosevelt Ave., QN Ext. of term (eating & drinking est.) App’d 189-96-BZ John C. Chen 231-10 Northern Blvd., QN Allow restaurant use App’d 9-10-BZ Eric Palatnik PC 72 Bedford Ave., QN Reconstruct, enlg. 1-fam. dwelling App’d 67-10-A Gary D. Lenhart 48 Tioga Walk, QN Enlg. 1-fam. dwelling in mapped st. bed App’d 102-10-A Gary D. Lenhart 1416 Hylan Blvd., SI Ext. of term (BP station) App’d 803-61-BZ Eric Palatnik PC LANDMARKS PRESERVATION COMMISSION ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE NO. APP’D ISSUED CERTIFICATE OF APPROPRIATENESS † 10 South St., MN Battery Maritime Bldg. Amend binding report (rooftop add.) 11-1630 Yes 8/17/2010 71 Broadway, MN Empire Building Replace 705 windows 11-1231 Yes 8/9/2010 12 Eldridge St., MN Eldridge St. Synagogue Amend C of A (inst. rose window) 10-9674 Yes 8/9/2010 370 Park Ave., MN Racquet & Tennis Club Bldg. Replace rooftop balustrade, cornice 11-1649 Yes 8/17/2010 515 Broadway, MN SoHo-Cast Iron HD Ext. Replace storefront infill 11-0809 Yes 7/21/2010 155 Wooster St., MN SoHo-Cast Iron HD Install painted wall sign 11-1202 Yes 8/4/2010 24 Bond St., MN NoHo HD Ext. Install gold-painted sculpture 11-1099 Yes 8/2/2010 40 Great Jones St., MN NoHo HD Ext. Install bulkhead, roof deck 11-0778 Yes 7/21/2010 80 Washington Pl., MN Greenwich Village HD Excavate rear cellar 11-1413 Yes 8/10/2010 341 Bleecker St., MN Greenwich Village HD Repl. rear facade, const. rear ext. 11-1286 Yes 8/6/2010 21 Greenwich Ave., MN Greenwich Village HD Legalize mech. equip. installation 11-1166 Yes 8/3/2010 5 Ninth Ave., MN Gansevoort Market HD Leg. fire escape replacement 11-1714 Yes 8/19/2010 416 W. 14th St., MN Gansevoort Market HD Replace storefront infill 11-0992 Yes 7/29/2010 420 W. 14th St., MN Gansevoort Market HD Est. master plan (storefront infill) 11-1354 Yes 8/9/2010 436 W. 20th St., MN Chelsea HD Legalize rooftop addition 11-0648 Yes 7/26/2010 676 Sixth Ave., MN Ladies’ Mile HD Replace storefront infill 11-1601 Yes 8/17/2010 790 Madison Ave., MN Upper East Side HD Remove infill, reclad base, 2nd fl. 11-1212 Yes 8/4/2010 † 12 E. 76th St., MN Upper East Side HD Replace facades, const. bulkheads 11-1070 Yes 7/30/2010 129 W. 86th St., MN Upper West Side/CPW HD Repl. door, inst. balcony, fence 11-0801 Yes 7/21/2010 1056 Fifth Ave., MN Carnegie Hill HD Est. master plan (terrace enclosures) 11-0905 Yes 7/27/2010 † 205 Water St., BK DUMBO HD Construct 7-story building 11-0918 Yes 7/26/2010 635 Bergen St., BK Prospect Heights HD Legalize access ramp 11-1117 Yes 8/3/2010 47 Sidney Pl., BK Brooklyn Heights HD Replace windows 11-0540 Yes 7/28/2010 237-17 38th Rd., QN Douglaston HD Leg., mod. non-compliant work 11-0968 Yes 7/28/2010

*Bold indicates the decision is covered in this issue. The symbol † indicates that the decision was covered in a previous issue. City Council decisions available in hard-copy format at the Center for New York City Law.

September 15, 2010 Volume 7 CITYLAND 131 The Center for New York City Law New York Law School 185 West Broadway New York NY 10013-2921

The Landmarks Preservation Commission held a hearing on the proposed designation of the Lakeman House at 2286 Richmond Road in Staten Island. See story on page 126. Image: CityLand .

CENTER FOR NEW YORK CITY LAW UPCOMING EVENTS TRENDS IN NYC LAND USE AND DEVELOPMENT FOURTH ANNUAL CONFERENCE Co-sponsored by: Center for New York City Law, Center for Real Estate Studies, and The New York City Law Department Thursday, October 14, 2010, 1:15 p.m. to 5:30 p.m. New York Law School 185 West Broadway (between Worth & Leonard Streets), New York, New York

CLE credit available. Registration required. For more information contact Maryellen Philipps at 212-431-2383

CITYADMIN Information on CITYADMIN Decisions on www.citylaw.org is provided free with support from: AGENCY NUMBER OF YEARS Manatt, Phelps & Phillips LLP NAME DECISIONS AVAILABLE Speaker Christine Quinn, New York City Council BSA 3,428 2002-Present Weil, Gotshal & Manges LLP Council 1,084 2003-2005 Gibson, Dunn & Crutcher LLP CPC 1,701 2003-Present Kramer, Levin, Naftalis & DOB 68 1999-Present Frankel LLP Landmarks 2,371 2002-Present Fried, Frank, Harris, Shriver & Loft Board 2,852 1996-Present Jacobson LLP